JOHNSTOWN, N.Y. (NEWS10) – The victim of a home invasion turned deadly and one of the suspects is going before a judge on Thursday.
Last November, Gary Terry and Robert Phillips Jr. are accused of breaking into a Gloversville home, allegedly looking for drugs.
The break-in awakened Jeremy Potter and after a brief altercation police say Potter shot and killed Phillips.
Police say the gun potter used to shoot Phillips was reported stolen just a month earlier.
Potter was indicted on weapon and stolen property possession charges.
He faces up to four years in prison.
Meanwhile, Terry was indicted on felony burglary and robbery charges and could spend up to 15 years behind bars.